Embarking on the journey to U.S. permanent residency through employment involves a detailed multi-phase procedure. Our experts at Ibrahim Law Global are here to guide you through each pivotal step of an employment-based Green Card petition.
Step One – Job Description Formulation
Crafting an accurate job description is the foundational step. Employers must delineate job responsibilities and required qualifications. Engaging a seasoned attorney during this phase ensures potential challenges are addressed promptly, and recruitment strategies are effectively designed. Typically, this initial phase spans around one month.
Step Two – Determining the Prevailing Wage
Next, the employer must solicit a prevailing wage determination from the U.S. Department of Labor (DOL) using the iCert portal (flag.dol.gov). The DOL evaluates the job’s specifics, including its duties, requirements, and location, to assign a standard wage. This stage varies in duration, from several weeks to months, depending on the complexity.
Step Three – Recruitment and Advertisement
Employers are advised to commence the recruitment phase post-prevailing wage determination to attract suitable U.S. workers. This critical step, spanning 60 to 180 days post-advertisement, includes a 30-day mandatory ‘quiet period’ for unbiased applicant consideration. It’s essential to meticulously document this phase to substantiate the unavailability of qualified U.S. candidates. The duration may extend if thorough applicant evaluations are necessary.
Step Four – Submitting the Labor Certification Application
Following successful recruitment efforts and the ‘quiet period,’ the employer files the Application for Permanent Employment Certification (ETA Form 9089) electronically. This form provides the DOL with detailed recruitment campaign insights and the prospective employee’s qualifications.
Step Five – DOL’s Assessment of Labor Certification
The DOL’s processing time for labor certifications often exceeds two months. If the DOL necessitates additional information or an audit, the employer must promptly comply within the designated 30-day timeframe.
Subsequent Steps Post-PERM Approval Upon PERM approval, the employer is positioned to file Form I-140, followed by the prospective green card holder’s Form I-485, to transition to permanent U.S. residency.
At Ibrahim Law Global, we streamline the complexities of the Green Card application process. Let our expertise lead the way to your successful immigration outcome.